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U.S.

Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk


510 7 Leesburg Pike, Suite 2000 Falls Cli11rch, Virginia 20530

Salsbury, Jessica., Esq Tahirih Justice Center 6402 Arlington Blvd., Suite 300 Falls Church, VA 22042

OHS/ICE Office of Chief Counsel - BAL 31 Hopkins Plaza, Room 1600 Baltimore, MD 21201

Immigrant & Refugee Appellate Center | www.irac.net

Name: MILLER, EUNICE NSHEKA

A 098-421-064

Date of this notice: 1/22/2014

Enclosed is

copy of the Board1s decision and order in the above-referenced case. Sincerely,

DGn.ltL CaAAJ
Donna Carr Chief Clerk

Enclosure Panel Members: Miller, Neil P.

williame Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Eunice Nsheka Miller, A098 421 064 (BIA Jan. 22, 2014)

U.S. Department of Justice


Executive Office for Immigration Review Falls Church, Virginia 20530

Decision of the Board of Immigration Appeals

File:

A098 421 064 - Baltimore, MD

Date:

JAN 2 2 Z.014

In re: EUNICE NSHEKA MILLER a.k.a. Eunice Magangara a.k.a. Eunice Majura IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: APPLICATION: ORDER: This case was last before the Board on January 17, 2007, when we dismissed the respondent' s appeal from an Immigration Judge's denial of a motion to reopen. On November 29, 2013, the respondent filed a motion to reopen and terminate. The motion shall be granted. The respondent seeks reopening and termination nonimmigrant visa status (Motion, Exh. A). We will exercise our sua sponte authority to reopen these proceedings, see Matter because she was granted U-1 Jessica Salsbury, Esquire

Immigrant & Refugee Appellate Center | www.irac.net

Reopening; termination

ofJ-J-,

21 I&N Dec. 976 (BIA 1997), because 8 C.F.R. 214.14(c)(5)(i) provides that an order of

removal shall be deemed canceled by operation of law as of the date of the USCIS' approval of Form I-918, which is the application for a U-1 nonimmigrant visa. Accordingly, the motion to reopen is granted, the proceedings are terminated, and the record is returned to the Immigration Court without further action.

Cite as: Eunice Nsheka Miller, A098 421 064 (BIA Jan. 22, 2014)